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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 Course Enrichment Liability and Estoppel (PVL3704) Institution University Of South Africa (Unisa) Book Unjustified Enrichment in South African Law£2.11
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PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 Course Enrichment Liability and Estoppel (PVL3704) Institution University Of South Africa (Unisa) Book Unjustified Enrichment in South African Law
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024
Course
Enrichment Liability and Estoppel (PVL3704)
Institution
University Of South Africa (Unisa)
Book
Unjustified Enrichment in South African Law
PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 100% satisfaction guarantee
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Enrichment Liability and Estoppel
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, Question 1 Discuss in general (without reference to a specific
enrichment action) how the extent of enrichment liability (or the
quantum of the enrichment claim) will be calculated. (10)
To discuss the calculation of the extent of enrichment liability, it
is essential to understand the principles underlying enrichment
liability. Enrichment liability is rooted in the idea that one party
should not be unjustly enriched at the expense of another. This
discussion will outline the general principles and factors that
influence the calculation of the quantum of the enrichment claim.
Principles of Enrichment Liability
1. Unjust Enrichment: The foundation of enrichment liability
is the principle of unjust enrichment. This occurs when one
party benefits at the expense of another without a legal
justification. The goal is to restore the balance by ensuring
that the enriched party does not retain an undue benefit.
2. Measure of Enrichment: The extent of enrichment is
measured by the value of the benefit received by the enriched
party. This value is assessed at the time the benefit was
received and must be quantified to determine the liability.
3. Corresponding Loss: The claimant must have suffered a
corresponding loss due to the enrichment of the other party.
The enrichment must directly correlate with the claimant’s
loss.
Factors Influencing the Calculation
1. Nature of the Benefit: The type of benefit received by the
enriched party significantly influences the calculation.
Benefits can be in the form of money, property, services, or
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